the nature of law Flashcards
what things make up the rule of law
equality,transparancy, judiciary, legal remidies, no-one ablove the law
who were the 2 theorists they help develop the rule of law
Aristotle
Plato
how did Aristotle develop the rule of law
saw law as a barrier agaisnt arbitrary rule
book-‘politics’
how did Plato develop the rule of law
saw importance of impartial laws
book-‘the laws’
what things weaken the rule of law
dictatorship
corruption
unfairness
what were dicey’s principles of the rule of law
1-absence of arbitrary power
2-equality before the law
3-supremacy of ordnary law
what is the absence of arbitrary power
The state’s power must be controlled by law. Government actions can be challenged through judicial review.
what are the problems with absence of arbitrary power
Parliament can grant arbitrary powers to the government
what is equality before the law
No person is above the law – everyone should be treated the same by the legal system.
what are the problems with equality before the law
Ignores wealth and power differences (e.g., high legal costs make justice less accessible)
what is supemacy of ordnary law
Law should be developed through common law and Parliament, rather than executive power.
what are the problems with supermacy of orninary law
In modern society, most laws are made by Parliament, limiting the power of judicial decisions.
give a case were judicial review limited gov power
Miller
what was Raz’s view of rule of law
Rule of law is a negative value.
It prevents arbitrary power but does not guarantee justice.
what did lord Bingham do
establish 8 principles of the rule of law
give examples of 2 of Lord Bingham’s principles
Accessibility – Laws must be clear and understandable.
Fair Trials – Courts must ensure fair procedures.
what did the case of Entick v Carrington display
gov is subject to the law and connot act arbitrarily
what way does law making show nature of law
must be open and fair
approved by both houses
checks on delegated legislation
